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Questions Answered by Bruce Martin Broyles
2 Answers | Asked in Real Estate Law for Ohio on
Q: My house is contingent on me finding a house. We have made an offer on a house and they accepted.

But then my realtor told me that if the new home does not appraise for what the offer was

I still have to go through with the sell of my home. That leaves us without a home. Is this so

That I have to go through with the sell.

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 18, 2024

The answer to your question requires a review of your contract to sell your home. The sale of your home is conditioned upon you finding a new home. The language of that condition will be the key to determining your rights. "It is contingent on me finding a house." Any house, a house... View More

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1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: Does Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest apply to my sister?

My mother died and there is a Transfer on Death affidavit so my sister gets the house. There is still a mortgage on the house. Can my sister be added to the mortgage without having the Ability-To_Repay rule be applied? That is, can she be added without looking at her credit history? We did not... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 28, 2024

Once the lender verifies that the person is a bona fide successor in interest there is not supposed to be any inquiry into the successor in interest's finances.

The CFPB issued an interpretation in 2014 stating:

the creditor's written acknowledgement of the successor as...
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1 Answer | Asked in Real Estate Law and Small Claims for Ohio on
Q: I received a summons of HOA fees that I paid to our new Management company. The old management company is suing me

We received a letter stating that we would be switching from Barnett Management to Continental Management. We paid Continental and I called Barnett to confirm the change. I was blindsided by the summons and didn't realize I owed anything to Barnett as I was told to pay Continental. I never... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Nov 15, 2023

You have a defense of payment (Accord and Satisfaction). The HOA will assert that you were late in payment and never paid until the law firm was engaged and you received the complaint. The ability to demonstrate the timing of your payment will be critical to your defense.

I believe that...
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1 Answer | Asked in Business Law, Civil Litigation and Employment Discrimination for Ohio on
Q: What are the negative consequences of settling out a discrimination case against my small business? (barring publicity)

I had an upcoming scheduled deposition on a case that was a guaranteed win. The plaintiff's attorney knew this and did not want to go to trial or come out of his pocket any further. He has simply been trying to get me to spend enough that settling is the better option.

I am not... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 26, 2023

You should immediately settle for the $2,000 if that offer is still on the table. It will cost you much more than $2,000 to defend the matter at trial. If Plaintiff recovers any amount of a judgment, he will be awarded attorney fees under employment discrimination fee shifting provisions. Most... View More

2 Answers | Asked in Wrongful Death and Animal / Dog Law for Ohio on
Q: My 6 yr old Morkie died because he had surgery at a major medical clinic and they left a sponge in him..what do I do now

They have apologized but I want to keep this from every happening to any other pet or pet family. He was pure love and joy and our family is DEVASTATED. There was negligence and carelessness throughout and multiple times to catch it that were missed by trusted animal medical facility doctors and... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 26, 2023

While your family was devastated by the loss of a pet, and you probably consider your pet to be part of the family. In Ohio, a pet is merely personal property and there is no emotional or other non-economical damages that can be recovered, absent circumstances that your post does not mention.

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Can I make the previous owner of my house pay for undisclosed moisture issues in crawlspace?

I recently purchased a home and decided to forgo a home inspection. The sellers did not disclose any foundation issues and a big selling point was that the basement was waterproofed. Upon moving in, we learned that part of the house is above a dirt crawlspace with no vapor barrier. One of the rooms... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 16, 2023

The purchase agreement may have a provision which states that the house is purchased "as is" if an inspection is not conducted.

However, if a seller conceals items, then the lack of an inspection would not result in an "as is" purchase. A seller cannot conceal a...
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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: We live in an apartment complex. Our hot water has not been working since a week before Easter can we sue

The water hot water has been out since a week before Easter. They keep giving us the runaround. Our kids have not been able to take a bath we have a newborn we can’t warm up her bottles except in the microwave. We really need hot water. We’re spending money going to a hotel so the kids can... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 26, 2023

Ohio Revised Code Section 5321.07 states that you should give written notice to your landlord at the place you normally pay rent. Given the severity of the issue you should ask that the matter be resolved in 7 to 10 days. If the landlord refuses to fix the condition, and you are current with your... View More

1 Answer | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Ohio on
Q: Property lien purchased for 532.00.

A Lien was purchased for forgotten half a year of property taxes. Rookie mistake. Taxes are now current and will stay that way. The Lien expires in 3yrs. We don't plan on moving for 5+yrs. Have no mortgage and own home outright. Should I go ahead and pay lien in full? Can third party llc... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 8, 2023

Tax lien expires in 15 years. Interest rate negotiated on the tax certificate was probably 18%. In 15 years with interest the lien will be approximately $2100.00 and they will require you to pay Court costs and attorney fees to avoid the property going to Sheriff's Sale. It is not something... View More

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Ohio on
Q: What does a motion to stay do for defendant after a foreclosure, and writ of possession has already been filed?

I electronically filed a motion to stay with the court, and it was approved. This happened after the Plaintiff already had a Sheriff's auction and obtained my home, as well as they filed a Writ of Possession. If it was electronically filed and approved, does this mean that judge approved it or... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 8, 2023

The homeowner maintains title in the real property until the Sheriff's Sale is confirmed. The right of the purchaser at sale to obtain a writ of possession is typically included in the decree of foreclosure. However, the order of confirmation is the mechanism that cuts off the... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can a neighbor remove a surveyor’s boundary marker under Ohio law?
Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 8, 2023

R.C. 2909.07 No person shall ….. (3) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker;

The original survey is the act of marking the...
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2 Answers | Asked in Real Estate Law for Ohio on
Q: Who is responsible for retention pond?

.

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 8, 2023

Your declarations and by-laws will most likely address the issue of the retention pond. Most likely it is characterized as part of the common area. Your annual assessment should be based upon anticipated expenses and maintenance of the retention pond if defined as a common area would be included... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for Ohio on
Q: If I have checks that have cleared my bank for rent and my apt filed an eviction notice, can I put my rent in escrow?

I have lived at my apartment for 7 years, paid my rent in full and on time the entirety of my time; they have filed an eviction notice on me for court on Feb. 7th. The manager called and stated that she made a mistake and to ignore the eviction papers from the sheriff but I received another... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jan 29, 2024

1.

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1 Answer | Asked in Construction Law for Ohio on
Q: I am a subcontractor and owner wrote a check that said final and if I cash such check I cannot file a lien. However

I Did not cash the check filed mechanics lien and civil suit for breach of contract. Can I cash the check now? Considering I have a civil suit for what the owner owes me

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jan 13, 2024

Ohio law over the years has gone back and forth on the effect of cashing a check marked "paid in full". In 1996, R.C. 1303.40 established that cashing a check marked paid in full will extinguish the debt. Even though you have a pending lawsuit, you should not cash the check.

2 Answers | Asked in Estate Planning, Real Estate Law, Banking and Probate for Ohio on
Q: My wife is the sole heir to her Mom's house, We are planning on moving into it, There is a Mortgage owed.

We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 10, 2022

I just reviewed a few mortgages and the death of a borrower would not result in the acceleration of the loan under the terms of Ohio-Single Family Fannie/ Freddie Mac UNIFORM INSTRUMENT. Pursuant to 12 CFR 1024.38 a transfer as a result of death by will or operation of law results in a successor... View More

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2 Answers | Asked in Land Use & Zoning and Tax Law for Ohio on
Q: Just took a walk on my property (OH). My neighbor chopped down a bunch of my trees and destroyed the boundary line fence
Bruce Martin Broyles
Bruce Martin Broyles
answered on Jun 25, 2022

I agree with Attorney Jaap, but would add that a boundary line dispute if it goes to litigation will result in your neighbor paying some of the costs, and ornamental trees damages are trebled.

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1 Answer | Asked in Civil Litigation for Ohio on
Q: My boyfriend walked out of our 6 yr relationship and moved out of my house. I own it. This was over 3 months ago.

He never left my property. He is staying in a camper in my yard. We have no agreement of any kind yet he refuses to leave. I live in Ohio and need him gone. This is causing me terrible stress and raising my blood pressure. Do I have to evict him although there is no lease agreement?

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 18, 2022

Yes, you should evict him. He does not have a oral lease for a period of term. He is a person with no interest in the property and he can be served a three day notice and a complaint for forcible entry and detainer should be filed against him. If you call the police they will typically say it is... View More

1 Answer | Asked in Contracts for Ohio on
Q: I recently signed a roofing proposal for a company to replace my garage roof in Ohio 2 days ago. Can I cancel contract?

I have not paid any money to the roofing company yet. I know Ohio has some type of Buyers Remorse Law. So, I am really just curious if I can just cancel this roofing contract without any legal ramifications?

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 18, 2022

Most likely the Home Solicitation Sales Act would apply, and it requires the contract to provide you with notice of your right to cancel. The contract should also provide you with a form Cancellation. Send that form in to cancel.

If no notice given then you can cancel at anytime, but...
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1 Answer | Asked in Real Estate Law for Ohio on
Q: My ex husband just passed. My name is on the deed of the house but not on the mortgage. We never did a quick claim deed.

Would I have any claim to the house?

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 4, 2022

Sorry for your loss.

The lender who hold the mortgage should treat you as a successor in interest and continue to accept payments on the mortgage from you as well as discuss loss mitigation options with you if you have fallen behind as a result of your husband's recent passing.

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Ohio on
Q: How long does HUD have to release a lien after paying off a partial claim?

I had a HUD partial claim with NOVAD. I recently refinanced and my lender paid off the partial claim as part of the refinance. The title company advised me that the check was cashed by NOVAD on 10/25/2021. It is now 12/24/2021. I have not received any official correspondence from NOVAD or my lender... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Dec 25, 2021

Ohio requires a satisfaction of mortgage to be filed 90dsys after payment

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: Wage garnishment over “loan” between family w/ no contract, only told pay when/if you can. Help please

Hi, I have a question regarding money given between family. My grandpa gave me around 3k to help with our back rent. There was no contract or anything signed between us. He just said, “pay it back when/if you can”. Now he passed away recently & his daughter is threatening to garnish my... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Dec 16, 2021

A loan does not entitle a person to garnish your wages. They would have to obtain a judgment against you, and garnish wages based upon the judgment obtained against you.

Even if a judgment is obtained and garnishment is attempted, social security, disability, and retirement benefits are...
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